jenna: interesting to go from that to a relatively new christmas tradition of elf on a shelf. you said you had one. jon: i do, my daughter has one, yeah. jenna: so the elf leaves your house -- jon: every night. jenna: and winds up in a new location every morning. jon: that's what's supposed to happen, yes. and i hope the elf isn't reporting on my behaviorment. [laughter] jenna: now, we're not allowed to touch the elf once we name the elf, and we got some great suggestions. foxy is the winner. it might just be sitting here throughout studio b, because you're not supposed to touch it once you name it. jon: all right. jenna: wonder what he saw, what he'll say? jon: thanks for joining us. jenna: "america live" starts right now. megyn: fox news alert on what the national weather service is calling a life-threatening storm system now tracking across the central u.s. creating a travel

nightmare just days before christmas. welcome to "america live," everyone, i'm megyn kelly. we've got blizzard warnings in effect for much of the midwest today, strong winds leading to tens of thousands of power outages in arkansas, iowa and nebraska as the to bees also plummet -- temperatures also plummet. all that wind and snow making it nearly impossible to drive. folks are being warned to stay off the roads as we get reports of several traffic-related deaths. and now the list of flight delays and cancellations is growing leaving some folks stranded in places like the eastern iowa airport, and they are not the only ones suffering. further south in alabama close to 20,000 customers are without power after fierce thunderstorms there tore across the state. ripping roofs off of homes, downing trees and leaving debris scattered all over the place. our chief meteorologist, rick reichmuth, live with more. >> reporter: there's a very snowy side to this, there's a severe side to this, and we're also dealing with a series of storms, so a very active pattern

setting up. we're dealing with maybe three or four more storms over the next about two weeks, so get ready. right now, over a foot of snow falling in parts of iowa and wisconsin, close to a foot in parts of nebraska. it's a rainy side and severe side, but the snow, momentum look like as much snow on the map, but it's falling at very rapid rates, very heavy snow falling across the mississippi river valley between iowa and in towards illinois. some areas receiving their first snow in over 290 days, that's the case for chicago. you're getting snow today for the first time. also the latest in the season you've ever seen snow. and it's coming with a lot of winds. we have blizzard warnings in effect for parts of minnesota, wisconsin, illinois and iowa, and some areas maybe another 6-8 inches of snow. down to the south, though, is where we have a tornado watch in effect until 6 p.m. tonight, and there's one tornado warning moving in towards georgia, so be

very careful. watch these storms continue to progress up towards the east, and that threat for severe weather will continue all night long, exiting out across the mid atlantic. megyn: the picture says a lot. rick reichmuth, thank you. >> reporter: you bet. ♪ megyn: well n connecticut new developments today in the investigation into the sandy hook elementary school tragedy. the state's chief medical examiner is now asking a geneticist at the university of connecticut to contribute to this investigation into the shooter. the 20-year-old lanza last week shot 20 children and 6 adults at a school in newtown, connecticut. he also killed his mother that morning and then, ultimately, turned the gun on himself as police moved in. we are also hearing that attorney general eric holder will travel to connecticut tomorrow to meet with investigators as we get reports that police are running into brick walls in their search for a motive. just ahead, world-renowned forensic pathologist michael baden who was part of the reinvestigation of the jfk

assassination just to name one -- he gave testimony at the murder trial of o.j. simpson -- he'll be here live to talk about why a geneticist has joined this case and what he could possibly do. well, yesterday hundreds of mourners paid their respects to one of the heroes in the newtown shooting. the principal of the school,down hochsprung. when adam lanza burst into her school last week, some hid, understandably, but we are told that dawn lunged at the gunman and quickly notified those coming out behind her there was a shooter on the premises. she was one of the first people killed. outside of the connecticut funeral home, candles spelled out the word "hope." look at that. family, friends and strangers formed a line stretching out the door and around the block. she was so beloved. when you hear the families talk about her, it's rare for a principal to inspire that kind of love universeally in a school, but there's been nothing

but wonderful reporting about her. inside a board displayed dozens of photos showing dawn alongside colleagues and students. she was a wife and a mother herself of two children and a stepmother of three more. she's remembered as a dedicated teacher and a loving friend. and just hours after president obama announced a plan to limit the sale of assault weapons in the wake of the new town school shooting, prices for handgun magazines are surging now on ebay and semiautomatic rifles are selling out in walmart stores. walmart, the world's largest retailer, says it will continue to sell guns including semiautomatic rifles like the ones used in newtown. those types of guns have been told out in -- sold out in five states so far including pennsylvania, kansas, alabama and a couple others while dick's sporting goods chose to suspend sales, walmart says it remains

dedicated to the safe and responsible sale of firearms in areas of the country where they are sold. at this hour vice president joe biden is meeting with law enforcement leaders from across the country as well as top administration officials in an effort to take the first crack at reducing gun violence. also at this meeting, attorney general eric holder -- busy day for him -- who suggested yesterday that president obama could change the cup's gun laws -- the country's gun laws with executive action. take a listen. >> well, i think that there are a number of things, and those are things that we're going to be talking about over the course of the next few weeks. not an extended period of time. the president, i guess, will be talking about this, but have specific proposals for congress to consider. we'll also look at what executive action the president might take. megyn: joining me now, chris stirewalt, our fox news digital politics editor and host of "power play" on foxnews.com live. so what kind of executive action is he talking about, chris?

when he had the assault weapons ban in place from '94 to 2004, it was a big political deal, and a lot of folks who voted for it wound up getting kicked out of office because, you know, gun rights are something people feel very passionately about in the country. if it could have been done by executive action, in other words, that's probably how other presidents would have been done it too. >> well, certainly, the president in a second term might feel differently about this than he did in the first term. he has some latitude when it comes to what the bureau of alcohol, tobacco and firearms does. he has certain latitude in terms of what eric holder, what the attorney general's going to do as he interacts with states who are implementing their programs and their plans as it relates to what gets reported, when it gets reported, how it gets reported. so the president has some broad latitude here that he certainly would have been reticent to undertake in a first term. but in a second term and with this having happened, there are crackdowns he can implement that can at least make it more

difficult for people to buy good lucks. megyn: uh-huh. ultimately, though, it seems there's going to be meaningful gun control. it's going to have to get the blessing of congress. and there's still a lot of questions about whether the votes are there and who's going to support this effort. now, i want to talk to you about who's leading the effort because the president announced it's going to be the vice president, joe biden, who was the principal guy behind the 1994 assault weapons ban. what does it tell you that the president has tasked the vice president to lead this commission? >> no democrat has an effective record or against guns as joe biden. no democrat. a lot of democrats have stronger positions against guns, but nobody's done a better job of controlling access to firearms as joe biden. the assault weapons ban would have never happened if it wasn't for him. he used all of his power and all of his authority as a very senior, high-ranking u.s. senator to dig in his heels, hold that law in place, passed

in the senate and then drag it across the finish line in 994. this is a cause in his life. this is something -- gun control is something he is very passionate about. and what eric holder was talking about empowers joe biden to do the job. because if the president can threaten unilateral executive action, he can -- joe biden can then go over to congress and say, hey, look, give us what we want, or we'll do it on our own. megyn: we'll do it without you. when you put somebody like vice president biden who's been so dedicate today this issue, does it somehow send the message that the other issues that the vast majority of americans if you look at the polling on this want to see addressed which is the holes in our mental health system has somehow taken a backseat already in this? >> reporter: well, remember, we have a very liberal president who's just been reelected, more democrats in the senate than there were before. the house republican majority has shrunk a bit. the urgent feeling on the left is that gun control -- something

they thought they were winning on in the '90s, then they lost so much ground and democrats, including the president, weren't willing to take this on -- they see this as the moment. this is their time that they can drive on this issue and start to impose some gun control maybe even beyond what was in the assault weapons ban while there is this sense of urgency in the wake of in the tragedy. megyn: maybe they can. the viewers can make up their own minds about whether that's a good thing or not, but what about mental health? i mean, the president says that he wants the recommendations on his desk by january, all right? so now we're almost at christmas here. so at most they have a month which i understand, he's looking for fast action because we have a crisis going on right now as people are dealing with their feelings after newtown. but is that enough time? i mean, maybe it is for gun restrictions. just go back and look at what we did in '94 and tighten it a little or loosen it a little, but what about the meant -- mental health? >> people are talking about this, but this is where washington struggles the most with itself.

when you have issues that transcend something that can be legislated, when you have, essentially, a broken culture and you have these deep and abiding problems, yes, there are things that the federal government can do. democrats say fund mental health programs, republicans say make it easier to commit people when they look dangerous, but even those things take a long time. they don't happen in a month. megyn: even to study it. i mean, i'm not saying -- who knows whether we need federal action or not, but just to have a team of experts, the best team of experts pulled together, that is something the white house has the power to do and have them look at this and try to examine this guy, this shooter falls within no sort of known boxes because it doesn't look like he really was in the criminal justice system, doesn't look like there was necessarily a doctor under whose care he was. we haven't been able to confirm that he was ever on any meds. it just seems like he was an odd guy with asperger's system who was deteriorating, and the question is, well, what file do we put him in so that we can

learn from it and then offer parents option when they have something similar? i don't know if anybody's looking at that, chris. >> remember this, megyn, and you know it well. the cry goes out, somebody ought to do something, and that often means it's not the most effective thing, but politicians want to show that they have power, that they have a response and that they're listening, and sometimes the quality of the solution -- often times the quality of the solutioning peals in -- pales in comparison to urgency, expedition and credit taking. megyn: let's hope this is not one of those times. chris, thank you. >> you bet. megyn: we are getting some significant new information on a u.s. marine jailed in mexico as we get some specific details on why mexico is digging in its heels against releasing this vet. up next, we'll talk to a u.s. congressman and marine who says he is ready to go south of the border himself to free that veteran from this nightmare situation. how's he going to do that? we'll ask him next. and this is new fallout from the president's news conference

yesterday after he appeared to suggest that the reason it's so hard to get things done in washington in particular a deal on this fiscal cliff is because the republicans just don't like him. that debate just ahead. and a lawsuit over a movie seen by virtually every american every christmas as the yellow-eyedville ape of "a christmas story" heads to court. farcus in kelly's court. stay tuned. ♪

megyn: welt, we are getting new details today on the challenge to free a marine held in a dangerous mexican prison. john hammer's family had hoped to see him for christmas, but we are just learning the specific concerns raised in a recent letter from the mexican ambassador to officials here in the united states, the mexican ambassador to america, and why mexico is refusing to budge on the imprisonment of this 27-year-old veteran of iraq and afghanistan. here's a picture of john in prison. you've seen it here on fox news over the past couple of days. he's been held in this sort of solitary confinement area since august. originally, he was in gen pop, but then there were threats of him being killed unless the participants paid all sorts -- parents paid all sorts of money, and this is the upgrade to a room by himself chained to the bed, and then we called and

complained about that, so apparently there's no chain anymore. anyway, he and another marine were arrested in mexico on gun charges. he declared the weapon, but they said it was illegal, and he needed to go to prison, and he's awaiting trial now, could face 12 years in jail. now in an exclusive interview, john hammer's friend -- who was with him when the whole thing happened but ultimately released -- is speaking out saying he's wracked with guilt for leaving john behind and pleading with the obama administration to help. >> we did the paperwork, we filled out the registration, we didn't try and hide the gun, or -- we were doing everything legit. i left him in hell. i left him on his own there. please, if we can take people out of north korea and save reporters all over the world and go and back up the entire rest of the world, can't we wring one of our -- bring one of our own home? just one. just one guy who's not even 10

miles from the border. no planes required, noing battalion, just 5 kilometers, he needs a ride, that's it. he needs a ride and a reprieve. megyn: you can see that interview there on fax news latino -- fox news latino. joining me now, republican congressman duncan hunter who is also a marine, and he says he is willing to make it his mission to win john's freedom. congressman, welcome back to the program. i know you say you are prepared f you have to, to go down to mexico. you're considering doing that to try to win this man's freedom, but how would you do that? >> well, we just need more attention on this. we need the administration. and i'm in san diego, so i would simply drive down to the border. not just me, either. quite a few congressmen want to get involved in this, and we're looking towards early january to just check on john hammer and see if he's okay and try to

negotiate his release. what we need is for the obama administration to get involved with this. you saw the letter from the mexican ambassador. it was condescending, almost rid cuted our attempt -- ridiculed our attempts to get him out of jail. so we're just going to try to bring more attention to this and go down to that jail if we have to. this guy's an american patriot. he's 10 miles across the border. mexico has had over 49,000 murders in the last eight years. mexico is more dangerous than iraq or afghanistan for americans, and i would call on all americans, too, cancel your trips to mexico. if a product says made in mexico, don't buy it. we need to bring attention to this. i mean, this is just silly that he's right across the border with who was supposed to be a good neighbor, and they are not good neighbors in this case. megyn: we're just getting our first look at their explanation from the mexican ambassador to the united states, and he wrote a letter to your colleague in the house, ileana ros-lehtinen who's a republican congresswoman

from florida where john hammer's from. and she says this is ridiculous, that's what you say. he writes to her saying, look, mexico has very strip gent gun control laws, and he says we've reinforced their application as a result of the flow of weapons illicitly purchase inside the united states -- purchased in the united states and then trafficked to mexico in the hands of criminal organizations. so he seems to be saying you americans have sent down a bunch of illegal guns, and as a result, we've had to get tough on guns, so you have no one but yourselves to blame for what we did to john hammer. >> absolutely ridiculous. and it was a .410 shotgun, that's what my 9-year-old daughter uses to hunt. it's a serious row buck .410 shotgun. they stopped selling them 30, 40 years ago. it's an antique shotgun. that's one of the most ridiculous letters and statements i've ever seen. mexico would have crime and the violence it has because of their drug cartels regardless of any american guns going south --

megyn: but what say you to the argument that if the weapon was noncompliant with mexico's gun laws and apparently it was about an inch out of compliance. it was almost compliant, but i not quite. he declared it, didn't try to sneak it in, he said here it is, and they said, oh, that's illegal, you're going to jail. so all that, okay. they say, look, doesn't matter, it was illegal, he brought it into the country, we have big, big signs saying don't bring guns into mexico. say today it's -- they say it's none of your business, let our criminal justice play out the same way as you do in the united states, and we don't interfear. >> the problem is that the mexican justice system is completely corrupt. their jails are not american jails. it's like going to a third world country. that's where he's trapped at right now. he's trapped in a third world country jail, but it's not pakistan, it's not afghanistan. it's right across the border from san diego. and it'd be very easy for us to, you know, for the state department to get much more

involved and put pressure on the mexican administration to let this guy go. people need to have common sense, and in this case there is no common sense coming from the mexican side of the border. megyn: yeah. you heard ian mcdonough, the colleague of john hammer, saying we cement a former president to help journalists get out of korea, why can't we send somebody over to help a guy who's served multiple tours of duty in iraq and afghanistan? the state department says it's working this behind the scenes, but they have to respect mexico's sovereignty -- >> they need to work it more, because mexico doesn't respect our sovereignty all the time. the street has to go both ways. megyn: understood. duncan hunter, thanks for being here. breaking news on this big storm and a big stretch of highway now shut down. don't go away. questions?

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megyn: fox news alert, we are just now learning that a 100-mile stretch of interstate 80 in nebraska has been shut down as what the national weather service is calling a life-threatening storm system moves across the central u.s. blizzard warnings are in effect for much of of the midwest today leading to tens of thousands of power outages in arkansas, iowa and nebraska. it's causing thunderstorms in the southeast and a lot of chaos elsewhere. we'll have the latest forecast at the top of the hour. well, a risky move in hopes of winning the title of miss universe leaves one finalist perhaps wishing she had made a different choice n. the q and a round, the spanish-speaking miss venezuela opted to answer her question in english instead of using the translator. the result? well, listen. >> if you could make a new law, what would it be, and explain

why. >> i think that any laws that are in constitution or in life are already made. i think that we should have a straight way to go if our similar or in our lives as it is. for example, i am a trooper, and i think that the best way that i can take is a way that i wait for it. so, please, do our only law that we can do. thank you, vegas. megyn: oh. well, miss venezuela scored a zero for the round there. still, she managed to finish in the top three, and can look at her. it's obvious why. >> miss universe 2012 is -- [cheers and applause] megyn: watch. >> usa! [cheers and applause] megyn: yea! miss usa took the crown.

so that's, you know, this is a silver lining to every cloud. poor miss venezuela, who's always the inside favorite, by the way, venezuela always wins. but not this year. miss usa won. so there you have it. she says she's a surfer, and you have to wait for the wave, and all the laws have already been made under the constitution. taking your thoughts on that on twitter, @megyn kelly. in just a bit, today should have been the day when lawmakers got to question secretary of state hillary clinton about benghazi. instead, they will have to wait until she recovers from a con concussion. in the meantime, we will ask kelly ayotte what she would like to hear once secretary clinton eventually does come before lawmakers. and investigators checking on a new angle while they try to

explain what led to the newtown shooting. why they are now looking into the gun nan's --man's yes metic makeup. -- genetic makeup. and president obama sparking a new debate after appearing to suggest that the reason it's so hard to get a deal done is because republican lawmakers just don't like him. >> it is very hard for them to say yes to me. but, you know, at some point, you know, they've got to take me out of it. and think about their voters.tys and think about what -- clear, huh? i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. to the number 1 club in the world. the potential of manchester united unlocked.

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megyn: fox news alert, a 100-mile stretch of interstate 80 in nebraska has been shut down as the national weather service is calling a life-threatening storm, and it appears to be wreaking havoc in parts of the midwest. forecasters warn that heavy snow coupled with strong winds could create blizzard conditions from kansas to wisconsin.

in chicago officials at o'hare international airport report they've had more than 90 cancellations so far. in iowa, state police say a 25-car pile-up has killed one person. we will continue tracking this for you, but you've got to keep watching this, folks. this sounds like a dangerous one. on now to the showdown over automatic tax hikes and spending cuts that are going the hit americans beginning january 1st if congress and the white house don't act. yesterday president obama seemed to suggest that are playing hardball with him for personal reasons. >> it is very hard for them to say yes to me. um, but, you know, at some point they've got to take me out of it and think about their voters and think about what's best for the country. and if they do that, if they're not worried about who's winning and who's losing, you know, did

they score a point on the president, did they extract that last little concession, did they, you know, you know, force him to do something he really doesn't want to do just for the or heck of it and they focus on actually what's good for the country, i actually think we can get this done. megyn: some critics now suggesting that is, quote, narcissistic and unnecessarily dismissive of the other side's genuine policy disagreements. joining me now, simon rosenberg, president and founder of ndn, also former campaign adviser to president clinton. and marc thiessen, a fellow at the american enterprise institute and a former speech writer for president bush. simon, why impugn the motives of the other side? is that the best way to get them to agree with you or to reach a deal that they only are standing their ground because they're worried about who's winning and who's losing, did they score a point on the president, force him to do something he really doesn't want to do just for the heck of it instead of focusing

on what's good for the country? >> i think there's been some harsh words on both sides the last couple days, i think there's a lot of frustration that i think john boehner and barack obama have tried hard to try to get to a deal. they're close, but they're not there. and i think there's a lot of frustration in washington right now, and there's a lot of worry and fear that we may not be able to close the gap between the two parties and that we could end up going over the cliff, and a lot of people's holidays are going to get ruined and a lot of bad stuff could happen early next year. so i think this is all part of, megyn, these end game negotiations, and i'm still hopeful that the two sides can come together and get this done before we all get out of here. megyn: back when i was practicing law, we had to do negotiations to settle cases and so on, you know, i can say personally i found it unproductive when you would insult the other side when things got tough and frustrating, when you would sort of say you're really a bad person because you just don't want what's good. you just, you just hate me, and that's why you're maintaining that position.

i mean, as a negotiation tactic, is this effective, marc? >> no, it's not. i mean, first of all, it doesn't occur to this president that it's not about him, that republicans may actually believe that raising taxes is bad for the country. as a matter of principle. but moreover, the idea that they're playing hardball is absurd. they've capitulated. they've given him what he wanted. i mean, the real question is why can't barack obama say yes to john boehner? during the campaign he said over and over and over again his goal was to, quote, make sure millionaires and billionaires pay their fair share, unquote. well, john boehner has agreed to raise tax rates -- which was his insistence -- on millionaires and billionaires. why can't obama say yes? the senate democrats have. in 2010 53 senate democrats voted on a bill to raise, to extend all the bush tax cuts for everyone making less than a million dollars. senator schumer said he believes the million dollars was the best line.

senator claire mccaskill came on ask and said that's a great compromise -- megyn: but democrats are saying why can't the republicans sign on to that? >> because -- we have. the republicanses, that's what they're doing. they've agreed -- megyn: but they didn't back then. >> sorry? megyn: they didn't at the time. >> we opposed it. the republicans are against doing that. boehner has made a concession on principle. i would say he's capitulated on principle, and barack obama saying in the press conference he's insisting on 100%, he's capitulated. this was the buffett rule, the millionaires' tax. why can't he -- megyn: charles krauthammer is the one who used the term narcissistic last night. >> yep. megyn: and he said, i think he would take issue with your characterization of being an end game frustration. he seemed to think the president is more systematic in this attitude. let's listen to what he said. >> he talks about the other side as being unprincipled, not interested in the national interest, slaves of ideology which he says makes no sense.

and as you mentioned, invested in opposing him to the point where they're willing to let the country suffer. there's no reason he can't either avoid that or give some credit to the other side for sincerity in just seeing a different way to approach the crisis the country has. megyn: your thoughts. >> i think the president is expressing frustration because as marc pointed out, the republicans have given, and so have the democrats. i mean, what is in the final offer that the president has just given to john boehner which has been rejected was substantial cuts in medicare and social security, substantial cuts in domestic spending, and we -- and barack obama agreed to the main thing that john boehner wanted which was an equal amount of cuts and tax increases which is very different from the president's original proposal. so the president feels that he's gone more than halfway, that he's met the requests from john boehner and that when he finally put a deal on the table, right,

that john boehner walked away because he couldn't get his own conference to go along with it. megyn: but do you see that boehner has compromised as well. >> no, i agree. both sides, both sides have given. both sides have given -- >> no, they haven't. >> and i think the president feels -- marc, come on. both sides have given. >> they have not. >> marc, you've told me that dem dem -- democrats would never cut, would never agree to entitlement cuts, and there are substantial entitlement cuts -- >> they're not 1257b8 entitlement cuts. >> we also went to a one to one ratio. we gave in -- >> that was not a one to one ratio. he's demanding 1.3 -- simon, you're wrong. he's demanding $1.3 trillion in new revenue, and he's offered $350 in spending cuts. megyn: wait a minute, let marc in on the discussion. [inaudible conversations] hold on. hold on! >> simon, look -- >> all i'm saying -- megyn: not helpful, not helpful. stop. this drives the viewers nuts. it's my job to stop you guys

from arguing. i'm giving the floor back to marc. >> the campaign he campaigned on, $800 billion in revenues. after boehner concede that on the first day after the election, he raised it back to 1.6 trillion in rev -- revenues and now scaled it back to 1.3. the change in adjustment and means testing which is what he's agreed to in principle is, that's not a republican idea. that's a bipartisan proposal that's been put forward by people on both sides. that doesn't do anything to change the structure. that's just kicking the can down the road. those are not major concessions. republicans have conceded a major principle. they oppose raising taxes on anyone, and they have agreed to obama's buffett rule, his millionaires' tax. what has obama conceded in principle? name one principle he's conceded, simon? >> the ratest, the latest deal that the president offered john boehner was one to one in spending cuts and tax increases. marc's just wrong about this.

and he's got to do a little homeworker next time before he comes on the show. >> speaker boehner's office got the numbers this morning. >> no, no. the second thing is, this is what the president has said, and the second thing is they have conceded, they said social security was off the table, it's on the table. both sides believe, megyn, getting back to your negotiations, both sides feel that they've given. i think we're very close to getting a deal, and i hope they can come together and get it done. it would be the right thing for the -- >> touching -- [inaudible] megyn: when you're close and you might have a deal, that's the time for a little wooing, not the time for, you suck. [laughter] that just never worked for me anyway. we'll see. i wound up choosing a different profession. guys, thank you. >> thanks, megyn. megyn: new developments into the investigation into sandy hook today as a geneticist is canned is to contribute to the investigation of adam lanza. up next, world renowned forensic pathologist michael baden is here to tell us what kinds of leads that expert could provide.

and we're tracking what the national weather service is calling a life-threatening storm system. flight cancellations are starting to pile up, the highways are turning deadly. we'll bring you the very latest. plus, an iconic christmas film now the subject of a major lawsuit, and ralphie may not be able to protect the producers from farcus in this one. "a christmas story" in kelly's court. ♪ muck ♪ the weather outside is frightful ♪ ♪ but the fire is so delightful ♪ nothing melts away the cold like a hot, delicious bowl of chicken noodle soup from campbell's. ♪ let it snow, let it snow

♪ megyn: new pictures of a heartbreaking tribute to one of the youngest victims of the new towb massacre. 7-year-old daniel barden is remembered as a kind, outgoing boy who dreamt of becoming a firefighter like his uncles. we just got some more pictures in which we wanted to share. yesterday in tribute firefighters from as far away as new york city lined the street

outside the catholic church in newtown, forming an honor guard as the hearse carrying daniel's body passed. firemen in full gear and uniforms saluted the little boy, recognizing the young child who hoped to join their ranks one day. another photo shows a man riding in the funeral procession holding a piece of paper out the window with the simple message, thank you all. look at that. well, at the same time, investigators continue pursuing their research, and today are going after a new angle in the search for a motive in this massacre. i mean, they just want to understand so they can prevent other tragedies in the future. experts are asking a yes nettist from the university of connecticut to contribute now to the investigation of the shooter in the hope that lanza's biology can reveal what may have been behind this massacre. dr. michael baden is a world

renowned forensic pathologist, the best, and a fox news contributor who has worked so many high profile cases, we can barely name them all, there was the o.j. simpson murder trial and on and on it goes. good to have you here. >> good to be here, megyn. megyn: i know that you know this medical examiner, and he now is calling in this geneticist saying i'm exploring what might be possible, if anything is possible, in examining. so is this in connection with an autopsy of the shooter? you can -- what can you do? >> right. this is really the autopsy of the shooter and to determine if there's any abnormalities with the yes nettist in his genetic profile different than most people. now, this is not usually done at autopsies, and because of the great interest in this horrible situation he's probably going to be able to get more resources than a medical examiner usually has to be able to do a genetic profile. and if anything is found in the dna that's different than

normal, to look for that segment of dna in other people who do criminal things or may -- whether or not it's associated with any kind of mental disorder. megyn: so you look at genes, you look at chromosomes i gather? >> yeah, they used to be chromosomes. when i was a resident at bellevue hospital, there were some papers -- we knew about dna and chromosomes at that time, and there was an abnormality in tall criminals in jails. megyn:al? >> they were tall. they had an extra y combsome, x, y, y, and there were a number of papers about how individuals with this extra chromosome were criminals. but after many years of study, it turned out that the bad guys in jail had the same incidence of in this as the good guys out of jail, that it was a normal kind of change in the

chromosomes that had nothing to do with criminality -- megyn: so you're no more likely to commit a crime than anyone else. >> that's right. and now they're looking at the chromosomes, at the dna -- which we've only been able to measure since 1989 -- megyn: is there something on dna that would show you a propensity for violence? >> not yet. there are people -- especially at autopsy, the examination grossly under microscope, fox colodge a-- fox cologically, the moron, the genius all look alike at autopsy. we can now in living people see chemical changes in the brain on x-rays but not at autopsy. and that's still being looked for just like they look for the chromosome abnormalities, you know, 40 years ago. megyn: i know you say that there used to be a belief a hundred years ago or so that people were born criminal. >> yeah, yeah. in the, in the late 1800s, a

doctor had published a lot of papers accepted around the world that you can tell a criminal by their appearance because they're born criminals. they had a sloping forehead, today had big ears. and he measured people in jails, and up until the 1930s, the measurements of long arms, longer than normal and the head were taken as the ability to tell who a criminal is. megyn: did it work? >> no. megyn: did those actually apply? >> no. people were punished for that, but it turned out not to be true, just like the chromosomes turned out not to be true. maybe we'll find something in the dna that -- because they can take dogs and fish and and mice and breed aggression into them. does that happen with humans? now, we can't do those kind of

experiments on humans but there's a feeling that somehow genetics is very important. but so far nurture, the environment is more important than nature in turning out a criminal. megyn: well, i want to talk to you about what role, if any, how helpful if at all it is they also have the mother. i mean, she was killed by him x that's another autopsy he's going to have to perform, but i want to hold on that question. i also want to talk to you about charles whitman who killed people at the texas tower and what they found in his autopsy that they believe may have provided a major clue. could they reach those results here? both of those questions with dr. ♪ [ woman ] ring. ring.

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megyn: dr. badden with me again. in 1966 a guy named charles whitman went to texas university into the watch tower and started shooting people, and he killed 13 people. they did an autopsy on him. what did they find in. >> they found a malignant brain tumor that he had, and it was an initial thought that maybe this brain tumor caused his aberrant behavior. but then on further investigation and looking at all people with that kind of brain tumor, it had, it was concluded it had nothing to do with his aggression -- megyn: has that ever been duplicated? >> no. but if, in fact, if there were a number of people who had the same kind of neurological ab -- abnormality, that would indicate there could be a cause. megyn: what of the mother? because there's also going to be, i think, an autopsy performed on her. and when you have a geneticist looking at the son, is that

relevant? >> absolutely. the geneticist should be able to look at the mother, the autopsy material from the mom and the son, and also from the living material from the father and brother. and get a really thorough profile. this may never have been done before because it was so expensive in a person who's acted out in this fashion. and there may be some helpful information developed out of horrible tragedy. megyn: you think bottom line is they are likely to find something? >> no, i think at this stage not. but over the next decade or so, we're going to find -- see, we can't look at enzymes at autopsy. but enzyme changes, there's certain suggestion abouter is tone anyone and other things that may be different in people who act out aggressively and in murderers that we can't verify at this time. megyn: uh-huh.

dr. baden, thanks so much for your expertise. good to see you. >> thank you. megyn: lawmakers are waiting to hear from secretary of state hillary clinton. today we asked one of those lawmakers what she wants to know about the benghazi incident. plus, interesting reaction this week after tim scott was chosen to replace outgoing senator jim demint. as some praised the move, a new york times op-ed suggests it is just another, quote, token appointment. michelle malkin reacts. and the heart warming story of a little girl who gets a very special early christmas president. we have the can't-miss soldier reunion. >> welcome home, daddy. welcome home, daddy. i miss him so much. [ male announcer ] alka-seltzer plus presents the cold truth.

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welcome, everyone, i am megyn kelly. we are getting reports that u.s. attorney general eric holder is heading to connecticut to meet with law officials trying to determine what could inspire someone to commit such a heinous and violent act. in addition to the gunman's mother, 20 children and six adults were murdered by this man on friday. innocent lives were lost when the gunman entered their school at 9:30 a.m. last friday. reporter: the person who may be able to shed light on adam lanza's motive or state of mind is the person who knew him best. his mother, nancy, who was shot four times and had last friday morning. investigators can get information from her. the next best ways we might information is adam lanza's home computer where he reportedly played video games, violent video games for hours on end.

in a windowless room in his basement. sometimes with other gamers, according to reports. investigators have drawn a blank from that computer, as they try to determine if he exchanged messages with others, online discussing his plans, researching a plot, smashed his hard drive in a fashion that may have been worthless to a forensic examiners. this is a sign that he may have intentionally tried to erase clues or covered his tracks. there is no sign with who he commuted with before his killing spree. adam lanza's cell phone did not display any recent calls or texts. the u.s. attorney general eric holder, the chief u.s. law enforcement official is traveling here to newtown, connecticut, to meet with first responders handling this case. we don't expect to see him. he's not expected to comment on

the case. what we have seen today is more mourners and funerals for at least five today, including one this morning for anne-marie murphy, the 52-year-old special education teacher who died trying to protect her student, found with one other child shielded that she was holding in her arm. she was buried in katona, new york. cardinal timothy dolan will deliver the funeral service. megyn: in about 20 minutes we are going to have a discussion of what could possibly be gleaned from a computer drive that adam lanza's may have attempted to destroy. something could still be recoverable, so we will talk about it and just a bit. also, disturbing details of scammers trying to steal from the families of victims of this horrible tragedy. the family of 6-year-old noah

pozner. someone is stealing donations in his name. it takes a special kind of evil for that. a special website was set up saying that cards and money would be sent to his parents. police say unfortunately, this is a common scam when tragedy strikes. make sure you check out any group before you make a donation to make sure gets into the right hands. of course, if cindy cook elementary school, as they figure out how to move forward, listen to this thread reports are out with the formal principle of the school is coming out of retirement to run the school. she had wanted for several years -- she had ran the school for several years and now she's coming back.

the students will head back to school in january and a lot of parents are happy to see the principal stepping on. >> have learned very hard and painful lessons in benghazi. we are hardly acting on them. we have to do better. we owe it to our colleagues who are still in benghazi. we owe it to the security professionals who acted with such extraordinary heroism. we owe it to thousands of other colleagues serving america with great dedication everyday and diplomatic posts around the world. megyn: will that is one of the top deputies of secretary clinton testifying about benghazi today. secretary clinton was supposed to be there today, but she postponed her testimony after she fainted and suffered a concussion late last week. that concussion was very tough

on her. all of this on the heels of a scathing report this week that was highly critical of the state department in the terror attack that killed four americans. senator kelly ayotte sits on the armed services committee and the call for answers on libya and what happened to our ambassador. welcome back to the program you think you, megyn, it's good to be with you. megyn: this is why we are having hearings on capitol hill, of course and there were security breaches. what have we learned? would jump out at you? >> what has jumped out at me is what we expected from the beginning.

there was a deteriorating security situation based on the prior attacks of the conflict. the allies, the intelligence leading up to it, that the security was grossly inadequate. made clear from the report that we do have to hear from secretary clinton. obviously, we need to understand fully what she was aware of. we have to ascertain that she was aware of this deteriorating situation and the president, what was he told about the situation in libya, and why wasn't he acting in conjunction to make sure that the coppola was secure. those are questions that have not been answered. as well as the armed services committee. i do think we have to understand why we didn't have military assets in place, given the volatility in that area of the world that could have helped those four brave americans.

these attacks occurred over seven hours. particularly the last two people that were killed. megyn: yes, that happened several hours after the initial attack and whether or not we could have sent reinforcements there. there was a lot of discussion that may have sounded foreign to the readerviewers if they were watching it. the questioning by marco rubio, the senator from florida was, yes, mr. burns, was there an awareness beyond the six floor level of the deteriorating security situation, and the answer was yes, sir, there was. now, is that the person we have heard that hillary clinton knew about the deteriorating security situation in benghazi? remark i took from that testimony that that is where

secretary clinton's office is. and that she was aware of it. given our activity in libya, i would be shocked if she wasn't aware of this deteriorating security situation. that is why her testimony is important to us. why wasn't action taken? in addition to that, understanding what briefings were made to the president as well. let's not forget that the other thing that is clear from this report, the story that was told for two weeks is that it was confirmed by this report. megyn: just so the viewers know, it was false and there was a question about whether it would remain false and undiscussed. another where lawmakers that swers from theestions and state department. saying that there was no

protest. thsecurity situation was terrible. >> that is one of the things that trouble me. every time i asked a question, we ask multiple questions and we couldn't get straight for answers on something they should be able to answer. i'm glad the information came out. megyn: you were accused of playing politics. the second line of questioning was the 74 knew about the deteriorating security situation. but then it was asked, or any officials on the seventh level made aware of the request for additional security and were denied. the answer was by mr. burns but i am not aware of any specific memo that went above the six floor. is that resolve?

>> no, additional security, to go through secretary clinton? obviously, you can be verbally advised of what is going on. and i think those questions have to be proposed rapid to her. she wasn't informed of that, and that's an important question to the deputies as well. the one so hillary clinton is going to come in january and testify? >> fmi heard she's going to come in january. in the armed services committee, it is also important that we hear from secretary panetta on why these things were not in place in a seven-hour attack. megyn: thank you so much for being here, your christmas you and your family.

>> merry christmas to you and your family as well, and megyn. megyn: the first time in decades that a black republican from the south has sat in the u.s. senate. some are praising the move come others are questioning it. some are questioning if this is a token appointment for republicans. michelle malcolm joins us next. plus, the national weather service and a blizzard warning in effect for much of the midwest. folks rushing to get home for christmas. the timing is not ideal. we will tell you just how bad this thing will get. and a massive traffic pileup forces many off the roads. how did it happen? >> a tractor-trailer struck a number of cars and caused many

accidents. thirty-two have been injured. i'm not juice or fancy water. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

megyn: a tragic crash just days before christmas. the island expressway opening yesterday. a tractor-trailer ran into several cars and wind up in flames with several other vehicles behind them. one person was killed. thirty others were injured.

police told everyone to run when the truck caught fire. probably because they were worried it was going to explode this is a new day. it is with great pleasure that i am announcing that i am appointing our next u.s. senator, congressman tim scott. the one interesting reaction in the media this week after nikki haley taps tim scott to replace jim demint. the first time since 1978 that black republicans is in the u.s. senate. while many praised the appointment, one wrote an op-ed offering a different view, writing that this rhetoric interprets african-american

political successes, including that of president obama is part of a morality play that dramatizes how far we have come. it scares the fact that modern black republicans have been more tokens and signs of progress. republicans will not gain support must dictate policy positions. no other single tokens will change that. michelle malcolm is a columnist and fox news contributor. michelle, thank you for being here. the writer of this is adolph reed junior. he is a political science professor at the university of pennsylvania, "the new york times" saw no issue in printing this, allowing him to princess in the paper, and that is sort of the mildest of what he says in this piece. >> yes, it is. but i must tell you that this impulse to denigrate and mock and insult minority conservatives is almost

incurable disease. every minority conservative has to go through this type of gauntlet when it comes to stepping out and being prominent and outspoken about your viewers >> by a sacramento for the presumption that you should be a democrat? >> of course there is. there has been especially in the cesspools of academia. for as long as i have been cognizant of it. you have these identity politics that run amok on campus. of course, it's not a surprise that after years as an academic himself. a former democratic socialists of america member. each year leader of bill ayers and someone who has basically profited.

whether it's nikki haley or bobby jindal or tim scott or any number of black conservatives, those who have become successful over the years. those who have gained popularity. it is a threat to the liberal mindset. it is a threat to liberal monopoly. there is nothing more dangerous liberals in the liberated mind of a minority conservative. that is what is part of the big picture. >> they talk about in the wake of scott elevation to the senate, many praised governor haley instead he was great. even the celebration of tim

scott ascension in his view as a result of a desperate need to woo voters. >> yes, well, here it is. the mindset of left-wing intellectuals. who is doing this here? it is less like adolph reed. by the way, the entire "new york times" editorial board and entitlement who do not practice what they preach when it comes to celebrating diversity, of course, it is always just didn't leave. it is poison to them when minorities stratum liberal orthodoxy is. whether it is social conservatism and the basic premise of ms is wrong.

many agree with far less radical ideas in the polls show otherwise. megyn: he assumes whites will be perceived as racist to fiddle with the republican party. and this may give them cover if they want to vote republican. >> of course. this is part of the record. that racism always identified tea party races and anti-black and entire minority agendas. especially if you watch accomplished speakers. the republican move has been trying to counter the monopoly of narratives. a lot of the work that i do and

that we do on my website is pushing against this notion. evidence exactly like this that shows the way they react to people who think differently whose skin is as brown as nurses megyn: interest in giving your perspective. sure, it's great to see you. >> you back, take care. megyn: you can watch him with neil cavuto on your world on fox news. coming up, a christmas classic in today's "kelly's court." the bully from a christmas story is in the courts today

megyn: a new push to make sure one church damage during superstorm sandy is ready in time for christmas. the sanctuary at the oasis christian center is expected to be cleaned up and ready to go by tomorrow. something special is planned so all who attend the christmas eve service. reporter: some people thought this church would be closed forever. the community came together. just in time for christmas. ♪ hark the herald angels sing. ♪ reporter: this has been a gathering place for the residents on long beach island. >> the church has been the center of the community for years remark in october,

hurricane sandy head. shocking residents like this pastor, tim mcintyre. >> it is just unthinkable that something on this of this could have been. reporter: dozens of families here remain homeless. mcintyre saw his church the next day, and he said he didn't think it would ever open its doors again, much less for christmas mass. >> describe the damage. >> it was devastation. the low-level or was underwater. >> destruction and tragedy quickly turned that hope when he began to get calls from community members volunteering to rebuild. contractors like this individual >> anytime i can help anybody,

in a time of need, i would love to do that. reporter: mcintyre says the church has become the community always says, bring people in need together with and support. >> you will be able to celebrate christmas here. >> yes, that's our plan. >> it means so much. after all of the suffering and hard work, we are looking to the future very much. reporter: he expects a joyful and grateful christmas mass. reporter: megyn: mother nature slamming america's heartland just in time for christmas and what is being called a life-threatening winter storm. some areas getting snow and rain, and what a mess it has been. a detailed report in three minutes. amid news that eric holder will reportedly headed to the scene of connecticut school massacre today. the concerns are growing as investigators hit a major will block in their search for evidence and motives.

up next, to two expert investigators discussed what police and federal agents are likely looking for. and whether they can actually recover anything from that hard drive that adam adam lanza trieo destroy. that's coming up next ♪ ♪ ♪

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megyn: fox news extreme weather alert. a massive blizzard in the midwest. it could be life-threatening. holiday travelers seeing delays as nebraska shuts down miles of major highways. chicago o'hare, one of the busiest airports in the country, reports massive cancellations. we have the very latest from the weather center. reporter: it had been 290 days since chicago had measurable snowfall. but that is going to change around 6:00 p.m. tonight. snow the snow will move in, and the big storm affecting areas to the south and the great lakes, the snow doesn't look like a lot

of it, but it is falling heavily. a lot of areas getting an inch or 2 inches of snow per hour. piling up on the roads very quickly, it is windy with the storm. blizzard warning still in effect for four states across this mississippi river valley area. wisconsin and iowa. winds will be gusting 50 to 60 miles per hour, the wind is going to blow around and cause whiteout conditions in this road. that is why you're seeing some of these in the states that have been closed down. tornado threats continuing until 6:00 p.m. tonight across parts of florida. back to you, megyn. megyn: all right, rick, thank you. well, after nearly a week of investigations following the massacre at the elementary school, police have turned up very little evidence of what motivated adam lanza to kill.

he lacked accounts on social media sites like facebook and twitter, and there are no notes or calls or text that have helped the police in their search. now what? joining me now is pat brosnan. and ed strong, gentlemen, welcome to you both. >> thank you. reporter: let's get to the investigation. if that is the case, please haven't come up with texts or cell phone records, you know, to give us any clue. he didn't even know, where do you start to try to find motives? >> that is unusual. generally people used text in e-mails and instant messaging. additionally on the planet but this 20-year-old man last couple

of years hasn't communicated with anyone. in the gaming world, when they are gaining around the world, from his living room, he can communicate verbally with individuals that he is gaming. megyn: it's like a visual phone call. there would be communication with them. >> i would identify those people and shake all the information out. megyn: they talk so much about how isolated he was. he was extremely shy. no close friends? >> they're our friends somewhere. people that he must've spoke to at some point. more importantly, at the very top of the list is his brother. his brother must be absolutely interrogated, every drop of data in infants and every suggestion

and statement has to be sucked out of his mind and put into a file and cobbled together to get to that elusiveness on this case. megyn: they say that the brother hadn't spoken with him in three years. >> that's what's claimed. >> it's not as yesterday or the day before it started. megyn: obviously the father is still alive. the kid was reportedly a genius. he spent a lot of time with computers. a lot of times in his mother's basement. they said he was smart enough to destroy the hard drive of his computer. when the cops got there, we can just see him before is going to commit this massacre, destroying the hard drive, knowing what is going to do. knowing the next person to see this hard drive would be law enforcement. it is anything retrievable from

a destroyed hard drive? >> depends on how badly distorted it. we haven't seen it, but hard drive is, by nature, a very delicate object. there was a reason why he took the time to attack the hard drive and physically disabled. if the hard drive is not been damaged from a lot of times it can be repaired well enough so you can analyze it. but if somebody severely attacks the hard drive with a hammer for shoots it or headset with an ax, it could be the degree of damage like something that i have never seen. megyn: the early reports non-confirmed or that something he had taken at this crucial crucial time, like a screwdriver -- what do these show is? >> here is a hard drive in a normal state. all right, so we take the hard drive out of your computer. this is what you'd see.

this beautiful, mirrorlike service of the hard drive. this is where the data is stored. these are microscopic and mechanical electronic information. very delicate. if you drop this on the floor, it becomes a problem for recovering data from it. but many times this can be taken out of the device read let me just show you. what if the hard drive is damaged to the point where does? megyn: while. >> in this example, you're talking about severe impacts. you cannot take this kind of thing and get information off of it. i have never seen information on office something like this. we do have an example of someone

in the same kind of effect. megyn: it looks that he took a screwdriver to it, is that right? >> yes, absolutely. several holes in it. all right, that's the challenge that the investigators had. the analysis of computers has become so important in modern day. back in the day, i know that you work back in the day before we had a lot of analysis and cell phone analysis. we used to not have any of that stuff to look at. >> you are right. now you have these tangible record that can be analyzed and reconstructed. megyn: what about the father? how helpful could he be? >> the same as the sun. the same is the brother. we want to know every single thing that adam ever said to his father. everything he suggested.

everything he inferred. every statement. every action. all of them have potential value. especially in terms of what made him tick. it moves as to the motive as to why. megyn: could the costco to their pastor? the pastor tried to dial back from the sun said. can you go to a pastor and say pummel what does the mother said you? >> sure, why not? >> do they talk? >> it's a start. ask everybody. work everybody. megyn: they can assert privilege in private? >> perhaps. megyn: what about clouds in the computer industry? now we have the iphone. i have my iphone, and it goes to the cloud dr. and can be

retrieved even if this thing gets destroyed from the clouds of that information. with some of the hard drive information beyond the cloud? >> you touch on something important. if you're dealing doing with the internet, the internet is often represented on the cloud. if you're dealing with anything on the internet, which is storage location, e-mail, gmail, yahoo! -- you are putting data on the cloud. even though the hard drive may be lost to us, it could've been used to connect to the internet and store it on the cloud dr. but we can't start to find out that information on a hard drive that is badly damaged. megyn: not even the fbi? >> i never want to say never, but i can never say that i have seen a hard drive in this kind of condition in life that way. it's unlikely but possible. but the cloud is a very important location. he was using the computer for

something. as he pointed out, there was a reason why he destroyed it. there will be leads are very important. he was communicating with someone or with services on the internet that he felt comfortable commuting. megyn: the attorney general himself says that he has the full government resources looking into this. thank you both so much. coming up, lighting up the mood. we take you to a lawsuit involving a very well-known cast member from the iconic film, "a christmas story." "a christmas story" isn't "kelly's court" survey coming up next light chicken pot pie soup and it's so rich and creamy... is it really 100 calories? let me put you on webcan... ...lean roasted chicken... and a creamy broth mmm i can still see you. [ male announcer ] progresso. you gotta taste this soup.

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>> kaman, cry baby, cry for me. megyn: that's a classic. "kelly's court" is back in session. on the docket today, the legendary bully from the hit film a christmas story, "a christmas story", getting ready for a legal battle. zack ward played the boy scut farkus. in the movie, "a christmas story", it plays nonstop on christmas. it has led to a broadway show and action figures and games.

zack ward, there he is. he looks good. now he is 43 years old. very young. and he is suing a company that licensed the right to make toys based on the movie, saying that he has been cheated in his image is being used to market the merchandise without his consent, and he's not getting any of the products. joining me now is a former prosecutor and defense attorney. okay, try to explain this to us. or he was 12 years old and he was making the film, everyone signed away the right rights of their image as the movie wanted to create more games or what have you in the future. but not him. why not? why did he get away with not signing that? >> i am not sure. i think the company never thought this would be an issue. but he would ultimately be entitled in the company would be making millions off of them.

but there are a lot of questionable aspects of this lawsuit. his first action figures though, he signed his rights away a while ago. megyn: okay, we are getting ahead of ourselves. what i read is that originally actor, his role of scut farkus was supposed to be minor. they didn't think you were supposed to get consent. taking that he would never be one of the action figures involved. but then he was elevated. he looked the part, he acted well, so his bowling became an important part of the world. and they neglected to ask for the rights. >> actually, yes, absolutely.

the boardgame is about "a christmas story" and you see this in the story and he says don't do this. and that's when the statue of limitations begins to run. megyn: he says where's my check? no one gave me a relative reason my face and a cardboard game. but the defendants in the lawsuit say, not so fast. even though you didn't sign away your rights when you were a child, you eventually did sign an agreement. how did that come about? >> well, apparently he signed his rights away to the action figure and apparently their argument is that the action figure, while looks like the same clothing and shoes, had a generic base. he used that on the other action figures. as for the boardgame, the boardgame grossed $750,000. he is he's demanding $6 million.

he is also claiming emotional distress because he was humiliated when he saw his face on the boardgame. i'm not saying it's all about money, but i'm saying that his last acting role came in 1983 when reagan will the right house and michael jackson had just released the thriller video. [laughter] megyn: he says when he came back to him and said we forgot to have you sign the original deal, if you sign this piece of paper, he is claiming that they defrauded him into doing it. they were trying to cover their own behind. but they didn't disclose them about signing his rights away in exchange for no royalties. >> is a massive industry. he did not know this, he was a young kid, initially 12 years old. they knew full well that this

has enormous potential. this will go on and on and on. plus, the fraud case, punitive damages are available. so it is a big deal. he was upgraded in his role. he had a huge part in the film and he was not given compensation in accordance with that role. megyn: initially he was cast -- his character, scut farkus, had a minor role. but then he was having the lead bully role. >> interesting to see, good >> interesting to see, good debate. megyn: on the lawsuits. [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach.

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megyn: santa's workshop is busy putting the final touches on toys. but the jolly old fellow had to leave the workshop a little bit early. we have the details. reporter: five nights before christmas, a little girl was twirling below the food court. >> matt have your attention, please? reporter: her posters were designed with special care. you see, when his 3-year-old sat on santa's lap, she didn't wish for a doll or a dress. her wish this christmas, just one thing. i want to see my dad. reporter: to have her daddy at home. pfc. roger gray has been only.

suddenly there arose a clatter of santa claus delivering a special surprise. >> daddy, daddy -- reporter: a hug and kiss. >> a kiss. >> i love you so much, sweetheart. santa brought me home. reporter: a christmas which were a little girl. the only thing she wanted in the whole wide world. >> my daughter is my whole world. you know that out of anything she could have had a christmas, she just wanted me to come home. to me, that is the greatest thing ever. the greatest christmas ever. >> of the best christmas ever. megyn: back into every time, doesn't it?

it took me half way through the reports realized that at all rind. she told santa that all she wanted was her dad for christmas. and she made arrangements to have him escorted home. coming up after the break, i will explain next. ♪

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